He'll be locked up for the next couple of decades and probably has nothing better to do than think about all the ways he can get out of prison early. And really, what does he have to lose by coming up with creative arguments to reduce his punishment?

The more interesting issue that was raised, however, was the use of a law that makes it a crime to deprive someone of the right to honest services. Skilling's lawyers say this is unconstitutionally vague as it could literally turn any dishonesty at work into a federal crime. Yet such a law is important if prosecutors can't prove actual theft or other crimes, but can prove some sort of corruption or dishonesty in connection with the jobs of the accused.

It is hard to feel much pity for Skilling. Law enforcement and the courts use broad laws all the time to convict people of crimes. Consider someone believed to be involved in drug dealing. It's not always possible to prove that crime, so the Feds resort to using laws regarding tax evasion to convict them of felonies and get them off the streets. No one seems to mind broad laws in those cases, as sometimes they're the only way to stop the specific criminal acts, which are known but unable to be proven in court.
Wholesale Financial Statement Fraud

We're not talking about a guy who might have been involved in a little dishonesty as an executive at Enron. Skilling and the executive team engaged in wholesale financial statement fraud that propped up the company's stock price substantially. What's more, Skilling personally profited by unloading his stock while the company was still flying high and the fraud was undiscovered.

While I'm intrigued by the whole "don't expect me to be honest when our whole company is dishonest" defense, and it makes for good blog fodder, it's really all just crap.
Sarbanes-Oxley Hasn't Been Very Effective

This whole issue sounds silly to me. How can a criminal conviction for blatant dishonesty that created massive personal profits for Skilling (while simultaneously creating massive personal losses for thousands of others) be unfair to him? Yet it is not out of the realm of possibility that the Supreme Court could rule in his favor on this issue.

However, that doesn't mean that strong laws against dishonesty by executives shouldn't exist. Those deceiving and manipulating our financial markets must be penalized. If no other law fits the bill, I'm more than happy to have lying executives nailed to the wall for not providing their employers -- and all the stakeholders -- with honest services.